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Verdicts / Settlements - DefendantsMartin vs. City of Los Angeles
CASE NO.: C 540 696
TOPIC: Slip & Fall: Terrazzo Walkway RESULT: $55,573 (verdict) INJURY: Fractured fibula. AREA: L.A. Central JUDGE: Edward Ross PLAINTIFF ATTORNEY: Robert Mansell (Hurley, Grassini & Wrinkle) DEFENDANT ATTORNEY: City of L.A.: Greg Adams (Deputy City Attorney); J.W. Nicks Construction: Nicholas Politis (Negele, Knopfler , Pierson & Robertson ) Out on Judgment on the Pleading and prior to voir dire.; Consolidated Terrazzo: Jack Snyder (Hollins, Schnecter & Feinstein) Out on Nonsuit. Facts4/16/84: Plaintiff, a 47 yearold horse racing handicapper, was walking up the wheelchair curb "cutout" on the Hollywood "walkoffame" when he slipped and fell. The day was dry and clear. The sidewalk and curb cut was made of smooth terrazzo. The curb cut was constructed by Defendant J.W. Nicks Construction Company. The terrazzo was installed by Defendant Consolidated Terrazzo Companies, Inc. PlaintiffIt was negligent for Defendant's J.W. Nicks Construction Company and Consolidated Terrazzo Companies Inc. to construct and finish the curb cut with smooth terrazzo. The curb cut was a dangerous condition of public property. DefenseThe Defendant City claimed the Coefficient of friction was sufficient. During the entire existence of the ramp with terrazzo, there was never a single complaint filed. The City claimed design immunity and lack of notice. The City also contended that this Plaintiff failed to mitigate his damages by not obtaining simple antibiotic treatment for chronic staff infection. Defendants J.W. Nicks and Consolidate Terrazzo claimed their work was completed according to plans and was accepted by the Defendant City as being in conformance therewith. Offer$5,000 City of L.A.; $10,000 Consolidated Terrazzo; $10,000 J.W. Nicks Construction Company DemandNo demand Trial Time4-1/2 days Jury Time1 day Poll102 TriService Reference No. 900404 |